Employee vs. Employer Contributions
In profit-sharing plans, the employer contributes to the employee’s account, sometimes matching salary deferrals or just making a discretionary contribution. It’s important to distinguish these contributions when drafting the QDRO.
- Employee salary deferrals are typically vested immediately
- Employer contributions often follow a vesting schedule (e.g., 20% vested per year of service)
- Only vested portions of employer contributions can be awarded in a QDRO
Make sure your QDRO specifies that the alternate payee receives a share of only the vested balance as of the valuation date unless otherwise negotiated in the divorce agreement.

